Lynch-law; an investigation into the history of lynching in the United StatesCutler, James Elbert
Philosophy
Lynch-law; an investigation into the history of lynching in the United States
Cutler, James Elbert
Lynching -- United States
“Such are the effects of mob law, and such are the scenes becoming
more and more frequent in this land so lately famed for love of law
and order, and the stories of which have even now grown too familiar
to attract anything more than an idle remark.”[167]
The following paragraph appeared in the Southern Literary Messenger in
the year 1839 (5: 218): “Forty years ago, the practice of wreaking
private vengeance, or of inflicting summary and illegal punishment for
crimes, actual or pretended, which has been glossed over by the name of
_Lynch’s Law_, was hardly known except in sparse, frontier settlements,
beyond the reach of courts and legal proceedings.”
The above quotations set forth clearly the condition of affairs in the
United States at this time. It was the spirit of the times, rather than
any particular cause, which brought about recourse to lynch-law
practices. Lynch-law was invoked for no particular offense to the
exclusion of all other offenses; neither was it peculiar to any one
section of the country. From having been practised only in the border
settlements as a temporary means of suppressing lawlessness until the
civil regulations could be established, lynch-law methods had come to
prevail even in well settled communities. Those writers who expressed
the opinion about 1830 that lynch-law was dying out did not foresee the
great popular excitement which existed during Jackson’s administration.
The anti-slavery agitation acted as a spark in a tinder-box and seemed
to beget a spirit of lawlessness in every part of the country. To the
inflamed imagination of the popular mind the slightest provocation
seemed a serious offense. The law did not reach such offenses, or they
were deemed to be inadequately punished by the law, and this seemed to
the people a justification for summary punishment.
In the slave States such punishment was generally a whipping or
flogging, often followed by tarring and feathering, inflicted upon
abolitionists or any persons suspected of “tampering with the slaves,”
or distributing “incendiary tracts.” In cases of a suspected conspiracy
for an insurrection among the slaves the supposed leaders were often
summarily punished, sometimes by the infliction of the death penalty.
Along the Mississippi River, the gamblers had aroused the resentment of
the peace-loving portion of the community by their vices and excesses of
various kinds. In many places they were able to bid defiance to the
civil authorities and laugh at threats of enforcing the law against
them. Here again the exigencies of the situation seemed to the people to
justify the adoption of lynch-law. This case of the summary treatment of
the gamblers may be regarded as a transition from the frontier type of
lynch-law to the sporadic and epidemical type which later prevailed in
the well settled States.
Public-domain text, read in full here on John Shaqi.
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